Okla. Stat. tit. 63, § 63-1-738m

This is the official text of Okla. Stat. tit. 63, § 63-1-738m, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.

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Annual Abortion Report - Annual Judicial Bypass of

Official statutory text

Abortion Parental Consent Summary Report.

A. Beginning in 2013, by June 1 of each year, the Department

shall issue, on its stable Internet website, a public Annual

Abortion Report providing statistics for the previous calendar year

compiled from all of the reports covering that year submitted in

accordance with the Statistical Abortion Reporting Act.

B. The Department's public report shall also provide statistics

for all previous calendar years for which abortion-reporting

requirements have been in effect, adjusted to reflect any additional

information from late or corrected reports.

C. The Annual Abortion Report shall include, but not be limited

to, the following information:

1. The number of induced abortions performed in the previous

calendar year, broken down by month and county in which the abortion

was performed;

2. The number of abortions classified by:

a. the state or foreign country of residence of the

mother,

b. the age, marital status, and race of the mother, and

c. the number of years of education of the mother;

3. The number of abortions classified by:

a. the number of previous pregnancies of the mother,

b. previous live births to the mother,

c. previous miscarriages, and

d. previous induced abortions;

4. The number of abortions by week of gestational age;

5. The number of abortions performed by each reported method;

6. The number of abortions resulting in an infant born alive;

of these, the number of cases in which life-sustaining measures were

taken; and a statistical summary of the length of survival of such

infants;

7. The number of cases in which anesthesia was administered to

the mother and the number of each type of anesthesia;

Oklahoma Statutes - Title 63. Public Health and Safety Page 355

8. The number of cases in which anesthesia was administered to

the unborn child, and the number of each type of anesthesia and of

each method of administration;

9. The number of each reported method of fetal disposal;

10. The reasons reported for the abortions, and the number of

times each reported reason was cited;

11. The number of abortions paid for by:

a. private insurance,

b. public health plan,

c. Medicaid,

d. private pay, or

e. other;

12. The number of abortions in which medical health insurance

coverage was under:

a. a fee-for-service insurance company,

b. a managed care company, or

c. other;

13. A statistical summary of the fees collected;

14. Specialty area of medicine of the physician;

15. The number of abortions in which ultrasound equipment was

used before, during, or after the abortion, and the number of times

vaginal ultrasound, abdominal ultrasound, or both were used in each

of the three circumstances;

16. The number of abortions before which an ultrasound was

performed by:

a. the physician performing the abortion,

b. a physician other than the physician performing the

abortion, or

c. other;

17. The number of abortions resulting in reported

complications, and of those, how many were reported by the physician

who performed the abortion, and how many were reported by another

physician, the types of reported complications, and the number of

each type based on data which shall be compiled and transmitted to

the State Department of Health by the State Board of Medical

Licensure and Supervision and the State Board of Osteopathic

Examiners;

18. The number of abortions resulting in the reported death of

the mother;

19. The number of females to whom the physician provided the

information in subparagraph a of paragraph 1 of subsection B of

Section 1-738.2 of this title; of that number, the number provided

by telephone and the number provided in person; and of each of those

numbers, the number provided in the capacity of a referring

physician and the number provided in the capacity of a physician who

is to perform the abortion;

Oklahoma Statutes - Title 63. Public Health and Safety Page 356
h a of paragraph 1 of subsection B of

Section 1-738.2 of this title; of that number, the number provided

by telephone and the number provided in person; and of each of those

numbers, the number provided in the capacity of a referring

physician and the number provided in the capacity of a physician who

is to perform the abortion;

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20. The number of females to whom physicians or agents of

physicians provided the information in paragraph 2 of subsection B

of Section 1-738.2 of this title; of that number, the number

provided by telephone and the number provided in person; of each of

those numbers, the number provided in the capacity of a referring

physician and the number provided in the capacity of a physician who

is to perform the abortion; and of each of those numbers, the number

provided by the physician and the number provided by an agent of the

physician;

21. The number of females who availed themselves of the

opportunity to have a copy of the printed information described in

Section 1-738.3 of this title mailed to them; and of that number,

the number who, based on the submitted reports, did and did not

obtain an abortion;

22. The number of abortions performed by the physician in which

information otherwise required to be provided at least seventy-two

(72) hours before the abortion was not so provided because an

immediate abortion was necessary to avert the death of the female,

and the number of abortions in which such information was not so

provided because a delay would create serious risk of substantial

and irreversible impairment of a major bodily function;

23. The number of females to whom physicians or their agents

provided the information described in subsection A of Section 1-

738.8 of this title; of that number:

a. the number provided by telephone and the number

provided in person; and of each of those numbers, the

number provided in the capacity of a referring

physician and the number provided in the capacity of a

physician who is to perform the abortion, or by the

agent of such physician, and

b. the number of females who availed themselves of the

opportunity to be given or mailed the materials

described in Section 1-738.10 of this title, and the

number who did not; and of each of those numbers, the

number who, to the best of the information and belief

of the reporting physician, went on to obtain the

abortion;

24. The number of females to whom the information described in

subsection A of Section 1-738.8 of this title would have had to be

provided but for a medical emergency determination; of that number,

the number for whom an immediate abortion was necessary to avert the

death of the female, and the number for whom a delay would have

created serious risk of substantial and irreversible impairment of a

major bodily function;

25. The number of abortions performed within the scope of

employment of Oklahoma state employees and employees of an agency or

political subdivision of the state, the number of abortions

Oklahoma Statutes - Title 63. Public Health and Safety Page 357

performed with the use of public institutions, facilities,

equipment, or other physical assets owned, leased, or controlled by

this state, its agencies, or political subdivisions, and for each

category:

a. the number of abortions reported as necessary to save

the life of the mother, the life-endangering

conditions identified, and the number of each such

condition reported,

b. the number of abortions reported from pregnancies

resulting from forcible rape, the number of such rapes

reported to law enforcement authorities, general

categories of law enforcement authorities to whom

reports were made and the number made to each

category, and a statistical summary of the length of

time between the dates of reporting to law enforcement

authorities and the dates of the abortions, and
f abortions reported from pregnancies

resulting from forcible rape, the number of such rapes

reported to law enforcement authorities, general

categories of law enforcement authorities to whom

reports were made and the number made to each

category, and a statistical summary of the length of

time between the dates of reporting to law enforcement

authorities and the dates of the abortions, and

c. the number of abortions reported from pregnancies

resulting from incest committed against a minor, the

number of perpetrators of incest in such cases

reported to law enforcement authorities, general

categories of law enforcement authorities to whom

reports were made and the number made to each

category, and a statistical summary of the length of

time between the dates of reporting to law enforcement

authorities and the dates of the abortions;

26. The number of females to a parent of whom the physician

provided notice as required by Section 1-740.2 of this title; of

that number, the number provided personally as described in that

section, and the number provided by mail as described in that

section, and of each of those numbers, the number of females who, to

the best of the information and belief of the reporting physician,

went on to obtain the abortion;

27. The number of females upon whom the physician performed an

abortion without the notice to or consent of the parent of the minor

required by Section 1-740.2 of this title; of that number, the

number who were emancipated minors and the number who suffered from

a medical emergency, and of the latter, the number of cases in which

a parent was notified subsequently and the number of cases in which

a judicial waiver was obtained. In the case of medical emergencies

in which a parent was informed subsequently, a statistical summary

of the period of time elapsed before notification;

28. The number of abortions performed after receiving judicial

authorization to do so without parental notice and consent;

29. The number of abortions performed on minors after judicial

authorizations were granted because of a finding that the minor girl

was mature and capable of giving informed consent;

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30. The number of abortions performed on minors after judicial

authorizations were granted because of a finding that the

performance of the abortion without parental notification and

consent was in the best interest of the minor;

31. The number of abortions performed after which the remains

of the fetus after the abortion were examined to ensure that all

such remains were evacuated from the mother's body;

32. The number of male children aborted and female children

aborted, as determined from the examination of fetal remains after

abortion;

33. The number of male children aborted and female children

aborted, as determined by any method other than those reported in

paragraph 32 of this subsection;

34. The number of instances in which the mother was informed

prior to the abortion that the child to be aborted was a female;

35. The number of abortions performed without surgery but

rather as the result of the administration of chemicals;

36. The number of abortions performed as reported in paragraph

35 of this subsection, in which the physician was present in the

same room as the woman to whom the chemicals were administered at

the time any such chemicals were first administered;

37. The number of abortions performed for each hospital at

which the abortionist had hospital privileges at the time of the

abortion;

38. The number of abortions performed at which ultrasound

equipment was used before the abortion;

39. The number of abortions reported in paragraph 38 of this

subsection, during which the mother was under the effect of

anesthesia at the time of the ultrasound;

40. The number of abortions performed at which ultrasound

equipment was used during the abortion;
eges at the time of the

abortion;

38. The number of abortions performed at which ultrasound

equipment was used before the abortion;

39. The number of abortions reported in paragraph 38 of this

subsection, during which the mother was under the effect of

anesthesia at the time of the ultrasound;

40. The number of abortions performed at which ultrasound

equipment was used during the abortion;

41. The number of abortions reported in paragraph 40 of this

subsection, during which the mother was under the effect of

anesthesia at the time of the ultrasound;

42. The number of abortions performed at which ultrasound

equipment was used after the abortion;

43. The number of abortions reported in paragraph 42 of this

subsection, during which the mother was under the effect of

anesthesia at the time of the ultrasound;

44. The mean gestational age of the fetus at the time of the

abortion, as determined by ultrasounds reported;

45. The number of abortions for which no determination of

probable postfertilization age was made as required by Section 1-

745.5 of this title; and

46. The number of abortions in which the pregnant woman was

told that it may be possible to make the embryonic or fetal

heartbeat of the unborn child audible for the pregnant woman to

Oklahoma Statutes - Title 63. Public Health and Safety Page 359

hear; the number of abortions in which the pregnant woman was asked

if she would like to hear the heartbeat; and the number of abortions

in which the embryonic or fetal heartbeat of the unborn child was

made audible for the pregnant woman to hear, using a Doppler fetal

heart rate monitor.

D. Beginning in 2013, by June 1 of each year, the State

Department of Health shall post, on its stable Internet website, a

public Annual Judicial Bypass of Abortion Parental Consent Summary

Report providing statistics which shall be compiled and supplied to

the Department by the Administrative Office of the Courts giving the

total number of petitions or motions filed under Section 1-740.3 of

this title and of that number, the number in which:

1. The court appointed a guardian ad litem;

2. The court appointed counsel;

3. The judge issued an order authorizing an abortion without

parental notification or consent, and of those:

a. the number authorized due to a determination by the

judge that the minor was mature and capable of giving

consent to the proposed abortion, and

b. the number authorized due to a determination by the

judge that an abortion was in the best interest of the

minor; and

4. The judge denied such an order, and of this, the number of:

a. denials from which an appeal was filed,

b. the appeals that resulted in the denial being

affirmed, and

c. appeals that resulted in reversals of the denials.

E. Each Annual Judicial Bypass of Abortion Parental Consent

Summary Report shall also provide the statistics for all previous

calendar years for which the public statistical report was required

to be issued, adjusted to reflect any additional information from

late or corrected reports.

F. The Department's public reports shall not contain the name,

address, hometown, county of residence, or any other identifying

information of any individual female, and shall take care to ensure

that none of the information included in its public reports could

reasonably lead to the identification of any individual female about

whom information is reported in accordance with the Statistical

Abortion Reporting Act or of any physician providing information in

accordance with the Statistical Abortion Reporting Act. Nor shall

the information described in the preceding sentence be subject to

the Oklahoma Open Records Act.

Status: in_force · Read it on the official government site

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